On-Demand Learning

Intellectual Property

Litigation

Recorded on: Jul. 23, 2013

JOHN WHITE: Now I get to introduce Rebecca and the next topic. But I told you, Ben brings passion to 102(g), and for that reason alone it's a shame that it's gone. Because it's such a fun topic. Our next topic is 103, as seen through the lens of district court, and importantly, CAFC decisions. And the reason we look at 103 from all angles, and indeed all of prior art from all angles, is it matters. The patent office takes one view and the CAFC helps ...

Recorded on: Jul. 23, 2013

Taken from the Web Program Prior Art, Obviousness, and the America Invents Act in 2013 Recorded July, 2013 in San Francisco35 USC 103 and CAFC [00:56:38] KSR in 2012-13 in the District Courts KSR as implemented by the CAFC in 2012-13 Rader: “…from my perspective 103 has not changed…under KSR.” Where do we go from here: Did the AIA change anything but a word? The purchase price of this segment includes the following article(s) from the Course ...

Released on: Jul. 17, 2013

Taken from the briefing Assoc. for Mol. Path. v. Myriad: Isolated Human DNA is Not Patent-Eligible Subject Matter recorded June, 2013.On June 13, 2013, the U.S. Supreme Court held that naturally occurring, isolated human DNA was not patentable subject matter. The litigation involved Myriad’s patents covering, inter alia, isolated human DNA sequences known as the BRCA1 and BRCA2 genes. Mutations in one of these genes can dramatically increase an individual’s ...

Released on: Jun. 14, 2013

Taken from the briefing Bowman v. Monsanto: Supreme Court Reinforces the Limits of the “Patent Exhaustion” Defense recorded May, 2013.On May 13, 2013, the U.S. Supreme Court released its unanimous decision in Bowman v. Monsanto Co. and reinforced the limits of the “patent exhaustion” doctrine. In its decision, the Supreme Court held that the patent exhaustion doctrine did not shield Indiana farmer Vernon Bowman’s unauthorized planting of Monsanto ...

Released on: Jun. 25, 2013

Taken from the briefing CLS Bank Int'l v. Alice Corp.: Federal Circuit Splits on Patent Eligibility of Computer-Implemented Inventions recorded June, 2013.On May 10, the Federal Circuit handed down a much-anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101.  In a per curiam opinion that is perhaps the most important § 101 jurisprudence since the Supreme Court's Bilski v. Kappos ...

From the program: Advanced Copyright Law Annual Review 2013

Recorded on: Apr. 24, 2013

Taken from the Web Program Advanced Copyright Law Annual Review 2013 recorded April, 2013 in New York.Lecture Topics  [00:59:57]Arbitration and Mediation of Copyright Disputes  [00:59:57] Arbitration Mediation Other ADR procedures and strategies Before litigation During litigation The purchase price of this segment includes the following article from the Course Handbook available online: Mediation and Arbitration of Copyright ...

From the program: Advanced Patent Licensing 2012: Current Developments and Best Practices

Recorded on: Oct. 23, 2012

Taken from the Web Program Advanced Patent Licensing 2012: Current Developments and Best Practices recorded October, 2012 in San Francisco. Lecture Topics  [01:06:20] What's Hot in Patent Licensing Law  [01:06:20] Quanta, MedImmune and SanDisk and their progeny: how licensors are trying to protect themselves from adverse case law How to protect yourself from patent-marking plaintiffs What are the big issues facing ...

From the program: Advanced Trademark Law Annual Review 2013

Recorded on: Apr. 18, 2013

Taken from the Web Program Advanced Trademark Law Annual Review 2013 recorded April, 2013 in New York.Lecture Topics  [00:57:47]Advanced Trademark Prosecution  [00:57:47] Potential implications of and practical tips to address the new rule regarding specimens of use for U.S. trademarks Recent TTAB decisions with potential impact on trademark prosecution practice Registering/protecting color as a mark: implications of the Christian ...

Recorded on: Apr. 18, 2013

KIERAN DOYLE: We're into the home stretch. For the next hour, what we'll be hearing about is trademark prosecution. And I guess there's three perspectives, at least three perspectives on trademark prosecution. There's the brand-owners' perspective. There's the practitioners' perspective, and there's the perspective of the examining attorney, the PTO perspective. And our next two speakers will be able to shed light from all three perspectives. Tricia ...

Recorded on: May. 2, 2012

SHELDON H. KLEIN: Now you're in for real treat. You're going to hear from Allison Strickland about advanced US trademark prosecution practice. Allison is a partner at the firm of Fross Zelnick Lehrman & Zissu, where she's practiced exclusively in the area of trademarks and trademark prosecution for 16 years. She received her undergraduate degree from the University of Alabama, and her law degree from Columbia Law School, where she was a Harlan ...

Recorded on: Oct. 4, 2012

Taken from the briefing Akamai-McKesson: The En Banc Federal Circuit Takes on "Divided Infringement" recorded October, 2012. Who can be liable for patent infringement, when only the combined actions of multiple entities (but none of them individually) perform the steps required by the patent? In recent years, such a question of so-called “divided” patent infringement has created complexities for ...

Recorded on: Jul. 2, 2013

MARTA GROSS: All right, welcome back, everyone. And so now we're going to move into the next module of the three modules that we're doing today. As I mentioned to you this morning when I was giving the overview, this is the module where what we're planning on doing is I'm going to give probably a 15 or 20 minute background on what I call patent landscape. Which is going to go into some scenarios where you might have your patent attorney do some analysis ...

Recorded on: Jul. 3, 2013

Taken from the Web Program Understanding Patent Law 2013 Recorded June, 2013 in New YorkAnalysis of the Patent Landscape: Asserting Your Rights and the New Face of Patent Litigation; District Courts, ITC, IPR, and PGR [01:33:17] Analysis of the Patent Landscape; patentability, freedom to operate, invalidity, and infringement Determine whether and how to assert patent rights Overview of patent litigation: Sequence, timing and costs Unique ...

Recorded on: Jun. 7, 2012

GARY HNATH: OK. Welcome back. Thank you for coming back. Thank you for joining the afternoon session. My name is Gary Hnath. And I'll be speaking later on this afternoon about litigation of patent cases at the ITC. But right now, I'd like to introduce the next speaker, who needs no introduction because he's already been introduced. But you're going to be treated to having what I consider to be the best speaker on patent law on this planet and also ...

Recorded on: Jun. 13, 2011

IAN N. FEINBERG: So it's 4 o'clock. We're on the home stretch. We're going to talk about the anatomy and timeline for a district court patent infringement case. We'll move fairly quickly. But before doing that, I just want to touch on damages because I know we haven't really focused on them as much as we should. So under the patent statute, a patentee is entitled to all damages caused by the infringement, but not less than a reasonable royalty. Under ...

Recorded on: Jun. 6, 2013

IAN N. FEINBERG: Welcome back. We have a slight change in plans, and the change in plans occurred about 90 seconds ago. So we're going to do the anatomy and timeline for a district court patent infringement case. Hopefully, our speaker for Markman will come later. These programs are interchangeable in terms of which comes first. In many ways, maybe this one should have gone first. But that's what we're going to do. So as much as Josh talked to you, ...

From the program: Fundamentals of Patent Litigation 2013

Released on: Jun. 19, 2013

Are you a litigator and have always wondered how patent litigation differs from your practice?  Or maybe you have considered pursuing patent litigation but first wanted to find out how it differs from other types of commercial litigation?  This exciting program will explore what makes patent litigation, whether in District Court or at the ITC, different from other types of litigation, from the Rule 11 pre-filing investigation through ...

Recorded on: Apr. 3, 2013

ROBERT GREENE STERNE: Well, welcome again, and now we're going to be addressing the very important subject of appeals from the Board to the Federal Circuit, something that I think a lot of us are woefully deficient in our appreciation of the task at hand, and we need to get up to speed on this very important piece of the puzzle. So as we start this panel discussion, first of all, let me introduce John Dragseth, who is our other faculty member, in ...

From the program: USPTO Post-Grant Patent Trials 2013

Released on: Apr. 10, 2013

Post-grant patent proceedings were pursued in record number at the USPTO in 2012. The substantial costs and uncertainty of patent litigation require the development of alternative case management strategies, which at least require consideration of challenging patents at the USPTO. To this end, patent reexamination remains a viable alternative to costly litigation or parallel path to enhance litigation positions. Yet due to the public outcry for even ...

Recorded on: Apr. 24, 2013

SPEAKER 1: The last leg-- Alida Camp. ALIDA CAMP: It's probably the end of a long day, but this is a bit different. What I'm here to do is try to encourage you to use mediation and arbitration as alternatives to litigation in not only copyright, but really any disputes. But it makes a lot of sense in copyright. Is it always appropriate? No. But do I think it's something that you ought to discuss with your clients with the parties to the case with ...

Recorded on: Aug. 16, 2012

Taken from the briefing Are You Ready to Enter the U.S. Biosimilars Pathway? recorded August, 2012. The U.S. Biosimilars legislation was signed into law in March 2010.  The FDA published draft Guidance documents to implement Biosimilars in the Spring of 2012.  With many biologic drugs poised to come off patent in the next few years, Biotech and Biosimilars companies are preparing to test the U.S. Biosimilars system.  Several ...

Recorded on: Apr. 24, 2013

RICHARD DANNAY: OK. Welcome back. I hope everyone had a good lunch. We have a great panel for this afternoon. Unfortunately, the moderator's voice is barely in play, but I'm going to introduce all three of our speakers as I did in the morning. And then Simon will begin. To my right and our first speaker in the afternoon is Simon Frankel, who is a litigation partner in the San Francisco office of Covington & Burling and chair of his firm's intellectual ...

Recorded on: Sep. 28, 2012

P. TRIPODI: Well, we've reached that part of the day. I'm pleased to announce our final speaker for the day, Mark Flagel, from the Los Angeles office of Latham & Watkins. Mark is going to talk to you today about what gets to trial in a patent case. And as you can see, we will be layering the complexities of district court litigation on all the topics having to do with patent office procedures that you've heard about today. Mark has a BA from ...

Recorded on: Oct. 1, 2012

Taken from the Web Program Patent Litigation 2012 Recorded September, 2012 in San Francisco Before the Trial - The Pleadings, Motions and Other Factors that Determine What Gets to Trial in a Patent Case [01:03:16] This session will cover specific pleading requirements (such as for inequitable conduct), motions to dismiss and transfer, motions for summary judgment, motions in limine and other factors that determine what actually is tried in a patent ...

Recorded on: Dec. 6, 2012

LAWRENCE ROSEN: What an excellent introduction to our next talk. Clearly now that we understand what the licenses are available, and what the issues are with those licenses, we need to understand what companies need to do to minimize their risks, and to analyze what they're doing. And so we've brought along two people, let me briefly introduce them. They're welcomed to say what they want about themselves, as well. Daniel Berlin is from Google, and ...